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STATE v. F & C ENGINEERING COMPANY

No. 143.

438 S.W.2d 647 (1969)

The STATE of Texas, Appellant, v. F & C ENGINEERING COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied February 19, 1969.

Attorney(s) appearing for the Case

Crawford C. Martin, Watson C. Arnold, Woodrow Curtis, C. W. Pearcy, Jr., Albert L. Derden, Austin, for appellant.

W. St. John Garwood, Jr., Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, for appellee.

TUNKS, Chief Justice.

On August 3, 1960, F & C Engineering Company entered into a contract with the Texas Highway Department for the construction of the frontage roads on a section of the Southwest Freeway in Harris and Fort Bend Counties—being a part of U.S. Highway 59. The performance of the contract was delayed to the damage of the contractor and it contends that the delay was caused by default of the Highway Department. Having obtained permission from...

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